# C_2008086EN.01003701.xml

| 5.4.2008 | EN | Official Journal of the European Union | C 86/37 |
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5.4.2008

EN

Official Journal of the European Union

C 86/37

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Prior notification of a concentration

(Case COMP/M.5118 — P7S1/United Internet/Maxdome JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 86/06)

| 1. | On 28 March 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings SevenSenses GmbH (‘SevenSenses’, Germany), a subsidiary of ProSiebenSat.1 Media AG (‘P7S1’, Germany), which is itself controlled by Kohlberg Kravis Roberts & Co. (‘KKR’, USA) and Permira Holdings Limited (‘Permira’, Channel Islands), and 1&1 Internet AG (‘1&1’, Germany), a subsidiary of United Internet AG (‘United Internet’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the newly created company Maxdome GmbH & Co. KG (‘Maxdome JV’, Germany) constituting a joint venture by way of purchase of shares. |
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1.

On 28 March 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings SevenSenses GmbH (‘SevenSenses’, Germany), a subsidiary of ProSiebenSat.1 Media AG (‘P7S1’, Germany), which is itself controlled by Kohlberg Kravis Roberts & Co. (‘KKR’, USA) and Permira Holdings Limited (‘Permira’, Channel Islands), and 1&1 Internet AG (‘1&1’, Germany), a subsidiary of United Internet AG (‘United Internet’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the newly created company Maxdome GmbH & Co. KG (‘Maxdome JV’, Germany) constituting a joint venture by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for SevenSenses: Pay-Television and Video-on-Demand, |
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2.

The business activities of the undertakings concerned are:

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for SevenSenses: Pay-Television and Video-on-Demand,

| — | for P7S1: Free-to-air television, |
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for P7S1: Free-to-air television,

| — | for Permira: private equity fund, |
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for Permira: private equity fund,

| — | for KKR: private equity company, |
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for KKR: private equity company,

| — | for 1&1: Internet Service Provider, |
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for 1&1: Internet Service Provider,

| — | for United Internet: Internet Services, |
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for United Internet: Internet Services,

| — | for Maxdome JV: Video-on-Demand. |
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for Maxdome JV: Video-on-Demand.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5118 — P7S1/United Internet/Maxdome JV, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5118 — P7S1/United Internet/Maxdome JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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